Criminal Law Between Public and Private Law
18 Pages Posted: 3 Nov 2009
Date Written: July 17, 2009
To criminalize something (not someone, ordinarily) means to bring it within the scope of criminal law; in this sense, crime is a legal phenomenon, as is punishment. This means that an account of criminalization needs an account not of crime simpliciter, but of law in general, and of criminal law within it. In this paper, I approach this task equipped with two distinctions, one - between law and police - designed to illuminate the concept of law, and the other - between public and private law - meant to clarify that of criminal law.
Keywords: Criminal law, legal theory, public law, private law, Roman law
JEL Classification: K14, K30
Suggested Citation: Suggested Citation